Courts Bulletin - Current Issue
The latest court decisions are summarized each month in the Courts Bulletin. This publication keeps Missouri Bar members current with rulings in selected areas of the law. Selected federal court opinion summaries, new or amended rules of court and other matters of interest to practitioners are also included from time to time. A panel of volunteer lawyers, all authorities in their respective subject areas, prepare the case summaries.

In this Issue

Administrative Hearing Commission AHC has no equitable powers. Don J. Engelmeyer v. Missouri Real Estate Commission, No. 07-1883 RE (Mo. AHC, June 27, 2008), Chapel, C. Full Summary and Other Cases

Administrative Law Parties cannot empower hearing officer. Timothy Coffer, Respondent v. Angela Wasson-Hunt, et al., Appellant, No. 67954 (Mo. App. W.D., July 1, 2008), Holliger, J. Full Summary and Other Cases

Alternative Dispute Resolution Arbitration agreement held unenforceable in employment setting on the basis of contract law. Mary Kay Morrow, Appellant v. Hallmark Cards, Inc., Respondent, No. 67440 (Mo. App. W.D., June 30, 2008), Smart, J. Full Summary and Other Cases

Civil Practice and Procedure Former property owner has no standing to enforce annexation argument agreement. David Hemsath, the Estate of Melvin Hemsath and the Lillian Hemsath Trust, Plaintiffs/Respondents v. City of O'Fallon, Missouri, Defendant/Appellant, No. 89776 (Mo. App. E.D., May 20, 2008), Hoff, J. Full Summary and Other Cases

Criminal Law An abandonment challenge was not appealed by the state, so the court considers the merits. Steven Crenshaw, Appellant v. State of Missouri, Respondent, No. 88584 (Mo. banc, July 31, 2008), Breckenridge, J. Full Summary and Other Cases

Elder Law (1) Recoverable transfers under Section 461.300 are not limited by the exclusions to "nonprobate transfers" in Section 461.005(7); (2) A life estate with power to revoke is subject to satisfaction of debts (of the owner of life estate) immediately prior to owner's death and therefore is a recoverable transfer; and (3) Section 461.300 RSMo is procedural in nature and its application to transfers prior to its enactment is not a violation of the ex post facto provision. In re the Estate of Leonilda Hayden, Deceased. Martin M. Lipsitz, Personal Representative of the Estate of Leonilda Hayden, Respondent v. Suzanne M. Kateman, Phyllis A. Audrain, Mary Ann Prueitt and Kenneth L. Hayden, Appellants, No. 90403, (Mo App. E.D., June 30, 2008) Sullivan, J. Full Summary and Other Cases

Family Law College student emancipation for child support purposes. Ronald E. Wilkerson, Appellant v. Patricia L. Leonard f/k/a Wilkerson, Respondent, No. 68491 (Mo. App. W.D., July 15, 2008), Hardwick, J. Full Summary and Other Cases

Insurance Law Homeowner's policy and auto policy held to provide no coverage for auto accident. Shelter Mutual Insurance Company, Respondent v. Dustin Sage, et al., Defendants, Everett and Mary Carter, Appellants, No. 68049 (Mo. App. W.D., July 8, 2008), Hardwick, J. Full Summary and Other Cases

Juvenile Law After the filing of a petition, appointment of counsel for a juvenile is mandatory when necessary to assure a full and fair hearing, unless appointment is knowingly and intelligently waived. In the Interest of: D.J.M., No. 89095 (Mo. banc, July 29, 2008), Price, J. Full Summary and Other Cases

Labor Law Court of appeals affirms wrongful discharge verdict for employee. Rhonda Entwistle and Megan Drury, Respondents v. Missouri Youth Soccer Association, Inc., et al., Appellants, No. 88731 (Mo. App. E.D., July 8, 2008), Dowd, J. Full Summary and Other Cases

Labor Law - Federal The Eighth Circuit affirms district court's grant of summary judgment in favor of employer on Title VII and state law discrimination claims of retaliatory discharge, because the employee failed to prove the causation element of a prima facie case. Van Horn v. Best Buy Stores, L.P., 526 F.3d 1144 (8th Cir. 2008). Full Summary and Other Cases

Tort Law The Supreme Court reviews doctrines of sovereign immunity, official immunity and public duty doctrine. Debra Southers, et al., Appellants v. City of Farmington, Missouri, et al., Respondents, No. 88612 (Mo. banc, June 10, 2008), Russell, J. Full Summary and Other Cases

Workers' Compensation For cases before August 28, 2005, can an employer be held responsible for unauthorized medical treatment when neither the claimant nor the employer was aware of the "work-relatedness" of the claimant's injury?  Andrew Meyers, Claimant/Respondent v. Wildcat Materials, Inc., Employer/Appellant and Zurich American Insurance Co., Insurer/Appellant, No. 28744 (Mo. App. S.D., July 9, 2008), Lynch, C. J. Full Summary and Other Cases

Other Areas of Law Sex offender registration information must be removed if it should not have been obtained under Doe v. Phillips. John Doe, Plaintiff - Respondent v. Jack L. Merritt and Darrell L. Moore, Defendants and James F. Keathley, Defendant - Appellant, No. 28882 (Mo. App., S.D., July 3, 2008), Burrell, J. Full Summary and Other Cases